Criminal Defense Lawyers in Delaware

Schwartz & Schwartz Criminal Defense Lawyers in Delaware have handled the defense of criminal cases in every Delaware Court, including the Justice of the Peace (JP) Courts, Court of Common Pleas, Superior Court and the Supreme Court. We have successfully defended all manner of criminal cases from unclassified misdemeanors to death penalty capital murder.

Some of our recent successes include:

Our client was accused of four counts delivery of cocaine to an undercover police officer. Because he was a habitual offender, he would have served a mandatory life sentence without possibility of parole if convicted of even one charge. After a jury trial in the Superior Court, he was found Not Guilty on all charges in the indictment.

Our client was accused of felony Unlawful Sexual Contact against his two step-daughters. After a jury trial in the Superior Court, including testimony from both girls, our client was found Not Guilty on all charges in the indictment.

Our client was accused of kidnapping and attempted robbery. Again, our client was facing life in prison under the Delaware habitual offender statute. Our client was found Not Guilty.

What types of cases do we handle?

Superior Court felony criminal cases

Family Court adult misdemeanor and juvenile delinquency cases

Court of Common Pleas misdemeanor cases

Justice of the Peace Misdemeanor and Traffic cases

Violation of Probation (VoP)

Administrative hearings, such as through the Department of Motor Vehicles (DMV).

What types of charges have we defended against?

Drug crimes such as possession, possession with intent to deliver, trafficking, manufacturing, and delivery, maintaining a vehicle, maintaining a dwelling, and other drug offenses.

Homicides, including murder in the first degree, attempted murder, and manslaughter.

Sex crimes, including Rape and Unlawful Sexual Contact.

Assault and Offensive Touching.

Traffic offenses, such as speeding, aggressive driving, etc.

How does Schwartz & Schwartz charge for representation in a criminal case?

In criminal cases, our fees range from the hundreds of dollars for small cases that are not time intensive, to hundreds of thousands of dollars for major, bet-the-farm white collar and serious felony criminal cases. Generally speaking, representation by our attorneys is not cheap. If you want a cheap criminal defense lawyer, you are looking in the wrong place. That said, in criminal cases, we normally charge a flat fee for representation. After speaking to you, after reviewing your arrest paperwork and the charges, we will quote you a fee for representation through trial. Oftentimes, people ask us to accommodate them with a down payment and payment plan. In many cases, we are able to accommodate. Also, we accept all major credit cards.

If arrested . . . If asked to turn yourself in . . . If asked to come in for questioning . . . What do you do?

If you were arrested, if a police officer advised you to turn yourself in, or if you have been asked to go in and submit to an interview (or if you have been asked to bring your child in for an interview), DON’T DO IT UNTIL YOU HAVE A QUALIFIED CRIMINAL DEFENSE LAWYER.

Here is what you need to know:

You have a right to remain silent. SO REMAIN SILENT! If you were arrested, don’t say anything. Tell the arresting officer that you respectfully decline to be questioned. You cannot talk your way out of an arrest, so don’t even try. Most people who try to talk their way out of an arrest end up giving the police and prosecutors evidence they otherwise wouldn’t have had. Worse, sometimes the police get it wrong and attribute statements to you that you didn’t make.

You have the right to an attorney. SO USE IT! Any time you come in contact with the police, tell them you would like to see your attorney before making any statements, before signing anything, and before being interviewed about anything.

Call us as soon as possible to protect your legal rights.

Do I really need a jury trial?

Many times in Misdemeanor cases, the accused is brought to trial in the Justice of the Peace (JP) Court or Court of Common Pleas. In almost every criminal case in Delaware, no matter how large or small, the accused has a right to a jury trial but you oftentimes have to ask for it specifically at the right time in order to get one. If you were accused of a crime and you appear in Court before you get a lawyer, make sure to ask for a jury trial. Many times, people charged in Court of Common Pleas appear without counsel at an arraignment. At the arraignment, they are not advised that they are entitled to a jury trial. They are asked to sign a plea of not guilty and either elect trial by the Court or trial by jury. Trial by the Court means a bench trial, a trial where only the judge decides between guilt and innocence, and where there is no jury. In any criminal case, the accused should request trial by jury. It is better to require the State to prove all the charges beyond reasonable doubt to a twelve-person jury than a one-person bench.

Schwartz & Schwartz represents people charged with crimes and traffic violations in all areas of Delaware. If you have such a case in any of the following areas, call us for a free legal consultation today: Criminal Defense Lawyers in Delaware.